Does Musical Performance Equate to the Publication of Musical Works?

I would like to inquire about an intellectual property issue. When a musician, who is also the author, releases a new musical work (a new song), is the first public performance of this song by the singer considered to be the public release of the musical work? How is this issue regulated under intellectual property law?

Pursuant to Clause 2, Article 20 of Decree 22/2018/ND-CP, the regulation is as follows:

The right to publish a work or permit another person to publish a work stipulated in Clause 3, Article 19 of the Law on Intellectual Property is the release of the work to the public with a reasonable number of copies to meet public demand depending on the nature of the work, carried out by the author or copyright holder, or by another individual or organization with the consent of the author or copyright holder.

Publishing a work does not include performing a stage, film, or musical work; reading a literary work to the public; broadcasting a literary or artistic work; exhibiting a visual art work; constructing a building from an architectural work.

Therefore, a singer performing their new song in public is not considered the publication of a new musical work.

Sincerely!

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